AD/STINSON 108/1 State of Design Airworthiness Directives

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Legislation au F2018L01153 In force Legislative Instrument

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Explanatory Statement

Civil Aviation Safety Regulations 1998

AD/STINSON 108/1 State of Design Airworthiness Directives

Legislation

Under section 98 of the Civil Aviation Act 1988 (the Act), the Governor-General may make regulations for the purpose of carrying out and giving effect to the provisions of the Convention on International Civil Aviation relating to safety, amongst other things. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR), CASA may issue an airworthiness directive (AD) for a kind of aircraft or aeronautical product. Under subsections 98 (5B) and (5BA) of the Act, an AD is a legislative instrument unless it is expressed to apply in relation to a particular person, a particular aircraft or a particular aeronautical product.

Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most International Civil Aviation Organization Contracting States.

The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. Regulation 39.001A of CASR 1998, defines “airworthiness directive” to include Foreign State of Design ADs issued on or after 1 October 2009. Accordingly, when a Foreign State of Design issues an AD for a type of aircraft on the Australian Register, that AD applies to Australian aircraft. However, CASA may grant an exclusion from the AD or approve an acceptable means of compliance other than that set out in the AD.

The United States of America Federal Aviation Administration (FAA) issued ADs 47-50-11, 49-16-02, 502501 and 54-02-02, affecting Univair Aircraft Corporation Stinson 108 series aeroplanes from 1947 to 1954. The United States is the State of Design for these aircraft. As there are several Univair Aircraft Corporation Stinson 108 series aircraft on the Australian aircraft register, and as the FAA ADs pre-date the automatic acceptance of foreign State of Design ADs under Part 39 of CASR, CASA has issued AD/STINSON 108/1 to mandate the requirements of FAA ADs 47-50-11, 49-16-02, 502501 and 540202, as in force at the date of issue of AD/STINSON 108/1.

Documents Incorporated by Reference

FAA ADs 47-50-11, 49-16-02, 502501 and 540202 are freely available from the FAA’s website at the following internet addresses:

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/81DFE754D69AB37E86256A4D004BC2A8?OpenDocument&Highlight=47-50-11

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/B464F001449D6C2086256A4D005E0408?OpenDocument&Highlight=49-16-02

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/E3745B2A9A4713B686256A4D004C7F14?OpenDocument&Highlight=50-25-01

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgad.nsf/0/333F61C3D91A63A886256A3200699E11?OpenDocument&Highlight=54-02-02

Consultation

As this AD is being made in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation, it is CASA’s view that it was not necessary or appropriate to undertake any further consultation under section 17 of the Legislation Act 2003.

Regulation Impact Statement

A Regulation Impact Statement (RIS) is not required because ADs are covered by a standing agreement between CASA and the Office of Best Practice Regulation under which a RIS is not required for ADs (OBPR id. 14507).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights is at Attachment 1.

Making and commencement

The AD has been made by a delegate of CASA relying on the power of delegation under subregulation 11.260 (1) of CASR 1998 and subsection 94 (1) of the Act.

The instrument commences on 31 August 2018.

[Instrument number AD/STINSON 108/1]


Attachment 1

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011

AD/STINSON 108/1 State of Design Airworthiness Directives

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The legislative instrument is an airworthiness directive (AD). AD/STINSON 108/1 has been issued to mandate the requirements of FAA ADs 47-50-11, 49-16-02, 502501 and 54-02-02, applicable to Univair Aircraft Corporation Stinson 108 series aeroplanes in accordance with CASA’s obligations under Annex 8 to the Convention on International Civil Aviation.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Civil Aviation Safety Authority

Overview

The Civil Aviation Safety Regulations 1998 were enacted to ensure the safety of civil aviation within Australia, aligning with the Convention on International Civil Aviation and providing a framework for the regulation of aircraft and aeronautical products. This legislation was introduced to address the need for stringent safety measures in civil aviation, particularly concerning the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 are administered by the Civil Aviation Safety Authority (CASA), under the authority granted by the Civil Aviation Act 1988. The policy objective of these regulations is to ensure that all civil aviation activities within Australia comply with international safety standards, thereby protecting the public and maintaining the integrity of the aviation industry. To enhance the safety and continuing airworthiness of aircraft types registered in Australia, CASA issued AD/STINSON 108/1 in response to the pre-existing Federal Aviation Administration (FAA) airworthiness directives affecting Univair Aircraft Corporation Stinson 108 series aeroplanes. This directive mandates the requirements of the FAA airworthiness directives 47-50-11, 49-16-02, 50-25-01, and 54-02-02 for aircraft of this series on the Australian register. This action ensures that Australian aircraft of this type adhere to international safety standards, reflecting CASA's commitment to maintaining high safety benchmarks in line with international obligations.

Scope and Application

The Civil Aviation Safety Regulations 1998, as amended by AD/STINSON 108/1, apply to all aircraft of the Univair Aircraft Corporation Stinson 108 series registered in Australia, ensuring compliance with the airworthiness directives issued by the United States Federal Aviation Administration. This directive mandates the requirements of FAA ADs 47-50-11, 49-16-02, 50‑25‑01, and 54-02-02 for these specific aircraft types. The regulations are issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, reflecting Australia's commitment to international aviation safety standards as outlined in the Convention on International Civil Aviation. The application of these directives is geographically limited to Australia, but their scope extends to ensuring that the continuing airworthiness of the affected aircraft is maintained in line with international standards. There are no specific exclusions or exemptions stated in AD/STINSON 108/1, though the Civil Aviation Safety Authority may grant exclusions or approve alternative means of compliance in specific circumstances. The directive came into effect on 31 August 2018, and while subordinate instruments may extend or further specify the application, the primary focus remains on adherence to the specified FAA airworthiness directives.

Key Provisions

The key provisions of the Civil Aviation Safety Regulations 1998 (CASR) as amended by AD/STINSON 108/1 mandate the application of specific airworthiness directives (ADs) issued by the United States Federal Aviation Administration (FAA) for Univair Aircraft Corporation Stinson 108 series aeroplanes. Regulation 39.001 of the CASR empowers the Civil Aviation Safety Authority (CASA) to issue an AD for a kind of aircraft or aeronautical product, and under regulation 39.001A, foreign State of Design ADs issued on or after 1 October 2009 are included within the definition of "airworthiness directive". AD/STINSON 108/1 specifically mandates the requirements of FAA ADs 47-50-11, 49-16-02, 50-25-01 and 54-02-02 for the Stinson 108 series aircraft registered in Australia. These ADs relate to specific safety measures and maintenance requirements that must be adhered to by the aircraft operators to ensure continuing airworthiness. Under AD/STINSON 108/1, the obligations imposed on the parties or entities it governs primarily involve compliance with the FAA ADs referenced. Aircraft operators must ensure that their Univair Aircraft Corporation Stinson 108 series aeroplanes meet the specified safety and maintenance requirements as outlined in the FAA ADs. This includes performing necessary inspections, repairs, and modifications as mandated by these directives. CASA is responsible for issuing this AD to enforce compliance with international safety standards as stipulated under Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Registry to ensure the continuing airworthiness of aircraft. Any failure to comply with the requirements of AD/STINSON 108/1 and the referenced FAA ADs may result in significant consequences. The Civil Aviation Act 1988 outlines various offences and penalties for non-compliance with airworthiness directives. While the specific penalties are not detailed within the explanatory statement, non-compliance can generally lead to enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges in severe cases. The gravity of these consequences underscores the importance of adhering to the mandated safety requirements to maintain the airworthiness of the aircraft and ensure the safety of all persons on board.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.